Vikas Jain v. State of Haryana
Case Details
CRM-M-55217-2024 208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-55217-2024 Decided on: 07.01.2025 Vikas Jain ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre- trial incarceration. 9. Given the above, the penal provisions invoked coupled with the primafacie ANJU RANI 2025.01.13 10:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 4 CRM-M-55217-2024 analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 10. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 12. The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the ANJU RANI 2025.01.13 10:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4 5 CRM-M-55217-2024 Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 18. Petition allowed in terms mentioned above. All pending applications, if any,
Arguments
Mr. Anshuman Chopra, Advocate and Mr. Deepesh Kakkar, Advocate for the petitioner. Mr. Vikrant Pamboo, Sr. DAG, Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 45 26.06.2024 Cyber Crime, 419, 420, 467, 468, 471, Panchkula, Haryana 120-B IPC 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from para 2 of the bail petition, which reads as follows: “2. That the relevant extract translation of the FIR is being reproduced below for Kind perusal of this Hon'ble court: - "Sir, complaint number 21306240023768 dated 21.06.2024 was received in police station through cyber portal by one Sagar Gupta son of Shri Ashwani Gupta resident of house 72 Dharampur Colony Pinjore Panchkula, during investigation, the statement of complainant Sagar Gupta was recorded after investigation, which is as follows: Statement one Sagar Gupta son of Shri Ashwani Gupta resident of house 72 Dharampur Colony Pinjore Panchkula age 27 mobile number 9855999744. Stated that I am a resident of the above address. And I have a shop in Gupta Event Kalka Road Pinjore and I do catering work in weddings and parties. On 20.05.2024, a person came to my shop who introduced himself as Paramjit Singh, mobile number 9646151815, recovery agent of LENDINGKART company, who told that you have taken a loan of 1 ANJU RANI 2025.01.13 10:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRM-M-55217-2024 2 about Rs 950000/- from LENDINGKART company. Which you have not paid any installment till date. On which I told Paramjit Singh that I have not taken any loan of any kind from LENDINGKART company. On which Paramjit Singh, loan recovery agent, told that the amount has come in your BANK OF BARODA account. On which I told that I do not have an account with BANK OF BARODA. I asked Paramjit Singh to give me the details of the loan. On which Paramjit Singh showed me the picture of the Aadhar card from his own phone, on which there was no photo of mine but the name Sagar was written on the Aadhar card. I showed my Aadhar card to Paramjit Singh and after looking at my Aadhar card, Paramjit Singh said that both the Aadhar cards do not match and Paramjit Singh went away after finding out all my details and said that I will come again. On 03.06.2024, Rachna Devi (Mobile No. 8591620624) came to my shop when I was not at the shop and gave her mobile number 8591620624 and her own email [email protected] to my father Shri Ashwani Gupta and told him to send all his documents to my mail so that our LENDINGKART company can check the documents given by him. On 19.06.2024, my father Ashwani Gupta talked to Rachna Devi on mobile number 8591620624 who said that you should come to my office Dhanju Wealth Solution New Sunny Enclave Kharar Punjab. After that I and my friend Pankaj son of Kundan Singh Rawat resident of House No. 1068 Sector 24 B Chandigarh also went with me. After that Rachna Devi took all my documents and said that she will send all the documents to her LENDINGKART company and get them checked. I also sent all my documents to the 3 emails of the company given by Rachna Devi and filed a complaint and demanded NOC on my documents. I came to know that someone has prepared fake documents in my name and has fraudulently taken a from online LENDINGKART company. The loan number taken in my name is LNH.000121-220326676. Legal action should be taken against the person who has taken loan in my name. I have got the statement written and read it, okay. (Sd/- Sagar Gupta) 26.06.2024." loan of Rs. 950000 in my name 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. 6. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following portions of the reply, which read as follows: “6. That it is pertinent to mention here that in this regard, on dated 30.07.2024, an email has been received from Lending-kart Finance Company along with the documents. After perusing the documents supplied by the Lending-kart Finance Company i.e. PAN Card bearing no. BQTPG1923Q submitted by the Company is in the name of Sagar Gupta son of Dharambir Singh and the photo attached to the ID was also found 2 ANJU RANI 2025.01.13 10:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRM-M-55217-2024 3 to be changed. Further, it was found that the above mentioned person namely Sagar son of Dharambir has dishonestly procured the loan of Rs. 8,93,758/- from the Lending- kart Finance Company and the loan amount has been deposited in the account of Bank of Baroda having account no. 52860100000800 which was operating by the Sagar son of Dharambir Singh resident of village Nahra, District Sonipat. 7. That during the course of investigation, on dated 05.08.2024, Sagar son of Dharambir resident of village Nahra, PS Kundli District Sonipat was joined into investigation and later-on got arrested as per the law. During investigation, he was got recovered one Mobile Phone mark 1+NORD T2 of Cream Colour and the same was taken into police possession vide a separate memo. During investigation, co-accused namely Sagar son of Dharambir Singh has stated that he along with co- accused namely Saurav Aggarwal has dishonestly prepared the fake documents of Sagar Gupta (complainant) and procured the loan of Rs.8,93,758/- from the Lending-Kart Finance Co. That as per the statement of co-accused namely Sagar, he was got recovered 25000/- rupees out of the fraud amount and the same was taken into police possession vide a separate memo. Further stated he has deleted the chat of telegram between him and co-accused persons. x 9. That during the course of investigation, on dated 08.08.2024, co- accused namely Saurav Aggarwal son of Ramesh Chander Aggarwal resident of Aadarsh Colony, Langeshwar Mandir Wali Gali, Mathura Road, UP was got arrested as per the law on the identification of co- accused Sagar. That his statement was got recorded and as per the statement, he has stated that he along with present petitioner and co- accused namely Sagar has prepared the fake documents of complainant and got issued the loan of Rs.8,93,758/- from the Lending-Kart Finance Company. Further, also got recovered the amount of Rs. 22000/ of 500/- notes from his native village in UP. Further, co-accused Saurav Aggarwal has also demarcated the place where he along with Vikas Jain (petitioner) and co-accused Sagar has prepared fake documents with the help of petitioner and further sent the documents to co-accused Sagar for getting loan.” x x x x 7. Perusal of the above portion of the reply reveals that evidence against the present petitioner is in the nature of disclosure statement of co-accused. Further the role assigned to him is fabrication of some documents without specific mentioning that what were those documents. In addition to this, charges have been framed against the other accused but it is not a case for custodial investigation. 8. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
Decision
stand disposed of. 07.01.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE ANJU RANI 2025.01.13 10:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 5